by Anthony Mance, Esq. and Jennifer Grady, Esq.
On Monday, July 10, 2017, the Department of Homeland Security (DHS) announced that it would delay implementation of an Obama-era program that would allow international entrepreneurs the opportunity to come to the United States to develop and operate start-up businesses.
In its announcement, which was officially entered into the Federal Register on Tuesday, DHS stated that the program, known as the International Entrepreneur Rule, would be delayed until March of 2018. According to DHS, the delay will allow for a pubic comment period on whether to fully rescind the Rule.
The International Entrepreneur Rule, which was issued by U.S. Citizenship and Immigration Services prior to President Obama leaving office, would provide international entrepreneurs with an opportunity to develop and run a business in the United States. The Rule would permit around 3000 international entrepreneurs annually to come to the United States for the purposes of developing and operating a business that offered a significant public benefit. To qualify, the entrepreneur would have to demonstrate that their business promotes public interest in ways that include hiring U.S. workers and contributing to the U.S. economy.
Under the International Entrepreneur Rule, the entrepreneur and qualifying family members would be admitted through a process known as parole. Unlike other forms of immigration to the United States, parole involves immigration officials permitting an applicant to enter the United States, without a visa, for a specific purpose. In the case of the International Entrepreneur Rule, the initial grant of stay would be for 30 months, with the possibility of an additional 30 month-extension.
While the July 10 announcement currently only calls for a delay in implementation, it appears likely that the Rule will ultimately be scrapped by the Trump Administration. A January executive order by President Trump ordered stricter enforcement of parole procedures, and this announcement was in response to this executive order. In addition, influential members of congress have expressed concern that the Rule had the potential of harming United States business interests.
The International Entrepreneur Rule, if implemented, would be one of the only options currently available for many international entrepreneurs to develop their businesses in the United States. While there have been multiple attempts in Congress to create a new entrepreneur-focused visa category, these attempts have thus far been unsuccessful.
With influential, government, industry and business leaders, including Silicon Valley, calling for the establishment of an international entrepreneur-focused visa category, it is likely that this issue will not go away anytime soon.
If you are an entrepreneur who was planning to be one of the first people to apply for the Entrepreneur Parole Rule, and are now looking for alternative options to work in the United States on a visa or Green Card, The Grady Firm attorneys will review your background and goals to determine which other option(s) are available to you. Please read this article about J-1 and H-1B alternatives.
Schedule a consultation with one of our immigration attorneys today.
About The Grady Firm, P.C.
The Grady Firm, P.C. attorneys help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas, as well and Green Cards and citizenship based on family relationships, investment, or employment. In addition, The Grady Firm attorneys help foreign entrepreneurs establish a U.S. presence, form a corporate entity, and obtain the appropriate visas for their owners and employees.
To schedule a complimentary 15-minute consultation with our immigration attorneys, call +1 (949) 798-6298, or schedule an appointment online.
*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.